UPDATE: Supreme Court Puts Large Employer Vaccine Mandate on Hold, But Allows Healthcare Worker Vaccine Mandate

Employment Law  

January 14, 2022

In November 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard requiring workers at businesses with 100 or more employees to either vaccinate themselves against COVID-19 or test themselves weekly for the disease.

On January 13, 2022, the Supreme Court put this requirement on hold while the Sixth Circuit Court of Appeals hears the case. The Court reasoned that the vaccine mandate exceeds OSHA’s authority because the coronavirus is a “universal risk,” and OSHA only regulates the workplace.

For Medical Facilities Only: In November 2021, the Center for Medicare and Medicaid Services (CMS) promulgated an interim rule which requires employees at all medical facilities which receive payments from Medicare or Medicaid to vaccinate themselves against COVID-19. In a separate January 13, 2022 decision the Supreme Court also overturned an injunction against this healthcare worker vaccine mandate. This means that the healthcare worker vaccine mandate will be in effect while the Fifth and Eighth Circuit Courts of Appeals hear the cases challenging it.


If you have any questions about the scope or applicability of any COVID-19 regulation, we encourage you to contact a Downey Brand attorney.